The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-07-27
INTERSTATE ComMERCE.
Decisions of the Commission In Cases OF
Unjust Discrimination.

Gently brought before it. The cases en-
titled Louis Larreison against the Grand
Trunk Railroad Company, and Michigan
Central Railroad Company against the
Grand Trunk Railroad Company, were by
consent of the parties heard together. The
charge is unjust discrimination. Lar
reison Cook complains that the read
would not sell him a thousand mile
ticket at the price paid commercial
travellers and the Michigan Central Com
pany complained that the Grand Trunk
Company was selling to commercial trav-
elleJs at lower rates than to the public gen.
orally. The-defendGnt admits the facts as
charged, bnt avers that nothing alleged Is
in conflict with the law. The opinion re-
views and discusses at length the various
poi nts set up by the defendants and con-
oludes ss follows:
Comm on carriers may continue the issu-
ance of milesge passenger tickets, the
charges for which must be reasonable and
Just and free from unjust discrimination
or unreasonable preference. Persons be-
longing to the class known as commercial
travellers are not priviledged to ride over
railroads at lower rates than are paid by
other persons. Whatever reasonable ra .es
commercial travellers are made to pay
other travellers may be made
to pay. To ch arge one more than
the other is uni ust discrimination, and
this is true wheth er tickets issued are mile
age tickets or in some other form. The re-
fusal of the defendants the Chicago and
Grand Trunk Railway Company, to sell the
complainant harrison a thousand mile
ticket for $40, the price at which said COM
pany was selling such tickets to CONNER.
cial travellers, and the neglect to publish
rates at which defendant was offering TO
sell mileage tickets. were alike in conflict
wit b 1.-The act to regulate commerce"
Opinion by Mr.. Commissioner Morrison,
all concurring.
The case of the st. Louis wholesale
groceIs against the Missouri Pacific, en-
bodies q complaint that while commuta-
ton tickets are sold at rates which would
amount to not more than $15 for a 1 900
miles, the thousend-mile tickets upon
which commercial travellers travel are not
sold for less than $25. The commission is
also asked to order and direct that dis
elimination be made in favor Of CON-
mercial travellers, in short, that 1 .000.mile
tickets be sold to them at lower rates than
to others. The commission does not regard
the fact that commutation tickets ara put
on sale at a given rate to be one that en-
titles the purchaser of a mileage ticket to
complain of unjust discrimination If
charged higher rate. The circumstances
and conditions, the opinion says, are not
in the testimony submitted going to show
that the charge of $25 for a thousand mile
ticket is unreasonable.
In respect to the order it is requested to
make in favor of commercial travellers, the
opinion says:
1.-THE commission would hardly be will
ing to make s1ch an order in any case,
however urgent the circumstances might
appear to be. But, in respect to this lat
ter, we agreed that the entire policy and
spirit Of the law are Iagainst it. and that
wheh mileage tickets, as distinguished
from trip tickets, are issued, they should
be sold to all imparnally and on the same
terms"
Opinion by Mr.. Commissioner Walker,
all concurfing.
The case OF Rail- phi w. Thacher, of Schen-
ectady, n. Y, against the Fitchburg Rail-
road Company and others, embodies COM
plant that whereas the defendants former
erly accepted grain for transportation from
complainsnt's elevator to Boston at the
proportion of through rates from Chicago,
allowed to lines east of Schenectady, which
was practically six cents per 100 bushels.
They now demand local rates, which are
considerably higher and a restoration is
asked.
The opinion says: "The rates with which
are in conflict with the statute unless the
conflict is found in the fact that they ex.
ceed what the roads accept on through
business as their proportion of the rates
fixed at distant points. IL that is in any
sense contrary to the law the illegality
would not be corrected by COM
pelliDg the roads to accept upon
shipment from Schenectady rates less than
correct one alleged violation OF law by
vNollr III NfoTF raf
thinks the rates from Schenectady and
intermediate points to Boston and Boston
points are excessive he can raise that ques-
tion directly and distinctly and the COM
mission can then enter upon it. But the
question is not made here. 1t is proper
to state that the question whether a pro-
portion of through rates less than the local
rates over the same line can lawfully be
accepted, is involved in a pending case,
and is awaiting further evidence and argu-
ment.
Commissioner Schoonmarke, all concur
ring.
The Commission has rendered a deci-
sion in the Burton stock car case to the eff
feet that there is no apparant ground upon
which the railroad can be ordered to pay
mileage to the Burton Company. In re-
spect to the alleged unreasonableness of
the charge to shippers of stock
by the Burton cars in excess of
that to shippers by ordinary cars, the COM
mission says the case is not satisfactorily
presented. The commission Is strongly
impressed with the belief that the charge
may be too high, but it does not now rec
ord q finding. 1t commends its sugges.
tions upon this point to the Western Clas-
sifcation Committee OF the Railroads and
retains the question for further considera-
tion.
The second case of the st. Louis grocers
against the Missouri Pacific +. r., COM
planning that the difference charged upon
less than carload shipments as compared
with full carloads is too great. has not yet
been decided, all parties having consented
to postponement, to give the New York
people an opportunity to put in like COM
plants against other railroad companies.
In this connection it can be stated that
five complaints against the Western trnnk
lines were received from New York to-day,
but as they had not been verified as re-
quired by the Commission they were re-
turned. The question involved will not
be taken up at all until after the Commis-
sion's recess.